Family of young dad who died in prison hope further pain prevented after Ombudsman report

"Dan the man our funny man" is what the late Daniel McConville's parents liked to call him.

They recalled how he loved to give hugs, and was always laughing.

The 22-year-old father of Ella (5) and Ethan (8) was found dead in his prison cell in Maghaberry in 2018 after spending 70 days in custody.

Daniel, who had ADHD and a history of self-harm and drug use took his own life.

Ever since his passing, his relatives have been calling for answers surrounding what happened to Daniel in prison. His father Paul protested outside the prison for 10 months in the wake of his death.

Five years have passed without Daniel.

"It never goes away," said his dad Paul.

"It's always there," his mum Michelle agreed.

Answers cannot bring Daniel back, but today they did nevertheless welcome some answers to their questions through an independent report from the Prisoner Ombudsman, Dr Lesley Carroll.

She said that Daniel's death was not predictable, but expressed concern "that the needs of those who face multiple challenges in their lives could be better addressed while in custody".

"I sympathise with the concerns expressed by Mr McConville's mother, who said that throughout her son's early years and while in custody no-one appeared to put together the elements influencing his behaviour," she said.

"She felt her son's needs could have been managed more constructively if this had happened."

Ms Carroll questioned whether the number of cell moves Mr McConville experienced was appropriate given his needs, and whether it was appropriate for a young man with anxiety and depression to manage his own medication.

She added: "I am concerned that the prison regime does not currently have adequate resources to provide the responsiveness required to support an individual like Mr McConville and this lack of resources will delay the required development work."

Ms Carroll concluded: "While I have found that Mr McConville's care was within standards, I am also convinced that there is considerable work to be done to ensure that the notion of rehabilitation is a reality for young men such as Mr McConville."

The Ombudsman made five recommendations, including around the identification of ADHD and protocols around information flow between the Prison Service and PSNI in respect of ongoing criminal investigations and the management of the activation of cells' fire protection water sprinkler systems.

Dr Carroll explained that although it is normal practice to remove some privileges for disciplinary reasons, for example, phone-calls and socialisation time with other prisoners, it should be understood that for someone with a condition such as ADHD, this treatment "is like water off a duck's back" and makes no positive difference to the behaviour of the inmate.

The Southern Trust provides healthcare in prisons. The Trust welcomed the recommendations around educating both health and prison staff around "people who live with a wide variety of conditions".

“The South Eastern Trust would like to express its sincere condolences to Mr McConville’s family. The death of a young person is a tragedy and one that all our staff continually strive to prevent," a statement read.

"The Trust accepts the recommendations from the Prisoner Ombudsman report released today and is working collaboratively with the Department of Health and other partners to improve services.

"Prior to the publication of the report, the Trust has commenced a training programme for health and prison staff to further improve their awareness of people in custody who live with a wide variety of conditions.”

Meanwhile, the Department of Health reiterated that work is being done to improve the care of people with complex needs in prison.

"The Healthcare in Prisons commissioning team within the Department of Health and Public Health Agency is committed to improving the health and wellbeing of people in prisons.

"The team has been considering the RQIA Review of Services for Vulnerable Persons Detained in Northern Ireland Prisons and are leading a programme of work focusing on the recommendations.

"This work is done in collaboration with a number of stakeholders, including the South Eastern Trust - the regional provider of healthcare in prison, the Northern Ireland Prison Service, the Probation Board for Northern Ireland and housing organisations.

"The participation of service users is key in the development of appropriate and timely health care.

"Their insights and experiences are a valuable contribution in the development of practical measures which facilitate further improvements in service delivery.

"The primary focus of this work is to consider the needs of people with mental health needs, including addictions, as they progress through the criminal justice system and back into the community."

The Prison Service's Director General acknowledged that mental health is a big issue for prisons, with 900 of 1,800 inmates in NI having a history of self-harm.

"Daniel’s death was a tragedy, and I know it was deeply felt by his family and in particular his parents. I hope the findings in this report will bring them some comfort at a hugely difficult time," said Ronnie Armour.

He said the report shines a light on both the multiple challenges faced by people who find themselves in prison and the demands placed on prison staff who care for them.

"Prison Officers are not qualified to make diagnosis around ADHD and other neurodevelopmental disorders which the Ombudsman also acknowledges are ‘not easily recognisable or visible’.

"In our three prisons we have almost 1,800 individuals, with over 30% having mental health issues, over 50% have addiction issues and, 53% have a history of self-harm.  This illustrates the size of the challenge facing our staff and the doctors and nurses from the South Eastern Health and Social Care Trust who deliver healthcare in our prisons."

He added that he welcomes the Prisoner Ombudsman’s acknowledgement that prison healthcare is significantly underfunded.

"The pressure this places on healthcare professionals and prison staff should not be underestimated. Collectively we are doing everything we can to support those in our care who are in crisis, but it clearly needs more resources to meet the increasing demands."

The McConville family's solicitor said the report " illustrates an ongoing systemic deficit in relation to the provision of adequate support services for vulnerable prisoners."

Owen Beattie continued: "This report should act as a hallmark to instigate a root and branch analysis of the conditions presently faced by prisoners, not just in Maghaberry, but in prisons throughout the country”.  

A week-long inquest is scheduled for May 2023.

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